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Township of Mount Olive, NJ
Morris County
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Table of Contents
Code
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[Adopted 9-26-1989 by Ord. No. 27-89 (Ch. 29 of the 1990 Code)]
There is hereby established in the Township of Mount Olive the Historic Preservation Commission of the Township of Mount Olive.
The Historic Preservation Commission shall have five members. Each member shall, upon appointment, be designated as a member of Class A, Class B or Class C. Class A members shall be persons knowledgeable in building design and construction or architectural history. Class A members may reside outside the Township of Mount Olive. Class B members shall be persons knowledgeable in or with a demonstrated interest in local history. Class B members may reside outside the Township of Mount Olive. Class C members shall be those persons who are not designated as Class A or Class B members. Class C members shall be citizens of the Township of Mount Olive who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment. The Historic Preservation Commission shall include at all times at least one member of each Class A, B and C. At all times, the number of Class A and B members shall total at least one less than a majority of the Commission. There shall be two alternate members of the Historic Preservation Commission, designated "Alternate No. 1" and "Alternate No. 2," who shall meet the qualifications of Class C members.
The Mayor of the Township of Mount Olive shall appoint all members of the Historic Preservation Commission.
The terms of office for members of the Historic Preservation Commission shall be four years, except for initial appointments to the Historic Preservation Commission. The initial appointments to the Historic Preservation Commission shall be, for three members, for terms of one year, two years and three years, and for two members, for terms of four years. The terms of office for alternate members shall be for two years, except that the initial appointment for one of the alternate members shall be for one year.
The Township Council shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Council. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for the Commission's use.
The Historic Preservation Commission shall have the responsibility to:
A. 
Prepare a survey of historic sites of the municipality.
B. 
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
C. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
D. 
Advise the Planning Board and Board of Adjustment on applications for development pursuant to § 15-32 of this chapter.
E. 
Provide written reports pursuant to § 15-33 of this chapter on the application of the Zoning Ordinance provisions concerning historic preservation.[1]
[1]
Editor's Note: See Ch. 550, Land Use, Art. VI, Zoning.
F. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.
The Planning Board and Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or in any component element of the Master Plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
A. 
If an application is made for a permit pertaining to historic sites or property in historic districts, such application shall be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation,[1] which aspects were not determined by approval of an application for development pursuant to the Municipal Land Use Law.[2] The Historic Preservation Commission shall submit its report to the administrative officer.
[1]
Editor's Note: See Ch. 550 Land Use, Art. VI, Zoning.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
The Historic Preservation Commission shall report to the administrative officer within 45 days of his referral of the application to the Historic Preservation Commission. If, within the forty-five-day period, the Historic Preservation Commission recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.